The Board of Examiners hereby created shall have the following powers and duties:
(a) It shall issue licenses to practice the profession[s] of nutritionist and dietitian in Puerto Rico.
(b) It shall adopt an official seal.
(c) It shall adopt rules and regulations necessary for the compliance of the provisions of this chapter.
(d) It shall offer examinations at least two (2) times a year to determine the ability of the candidates applying for a license. These examinations shall be offered in Spanish or English as an option for the candidate as previously stated in his/her application for examination.
(e) It may investigate and resolve any complaints filed for violations to the provisions of this chapter or the regulations, in the manner herein provided.
(f) It may issue subpoenas for the appearance of witnesses and for the production of documents relative to any hearing held for the herein stated purposes. It may subpoena witnesses through the court to compel their attendance.
(g) It shall keep a registry of the nutritionists and dietitians authorized to practice the profession in Puerto Rico. The production of a certificate of said registry in the courts shall be prima facie proof that the person is or is not authorized to practice as such in Puerto Rico. This registry shall state the name and personal data of the nutritionist and dietitian to whom the license is issued, the date of issue, the number and term of effectiveness of the license, and a marginal note regarding the recertification of the professional, and any suspended, revoked or cancelled licenses.
(h) It shall develop an information system which allows the establishment of a statistical relationship between the results of the revalidation examination and the characteristics of the candidates such as age, sex, school attended and the academic index of said candidates.
(i) It shall develop an information program, addressed to the persons who hope to study nutrition or dietetics, about the academic requirements for the revalidation examination and how to obtain the license required by this chapter for the practice of the profession in Puerto Rico.
(j) The Board shall have the power to deny, suspend or revoke licenses in justified cases; shall grant a public hearing to the person affected so that he/she may have the opportunity of producing witnesses or any other proof in his/her behalf and to defend himself/herself by his/her own or through counsel.
It may deny licenses for the following reasons:
(1) When the person tries to obtain the licenses through fraud or deceit;
(2) does not meet the requirements established by law;
(3) is addicted to narcotic drugs or is an habitual drunkard;
(4) has been convicted of a felony or of an act implying moral turpitude, or
(5) has been declared mentally unfit by a competent court.
It may suspend or revoke licenses:
(1) When the person is mentally or physically disabled and his/her disability is established before the Board, by medical expertise;
(2) is addicted to drugs or is an habitual drunkard;
(3) has been convicted of a crime that [implies] moral turpitude;
(4) has [been negligent] in the fulfillment of his/her functions;
(5) for persistent violations to this chapter or the regulations;
(6) fails to comply with the continuing education and registration requirements provided in §§ 3001 et seq. of Title 24;
(7) alters or falsifies any document or material with the malicious intent of deceiving the members of the Board in the performance of their official duties, or
(8) shows a clear incompetence in the practice of the profession.
Any person to whom a license is denied, suspended or revoked may apply for a revision of the order of the Board, before the Court of First Instance of Puerto Rico, San Juan Part, provided he/she has first requested a reconsideration by the Board and it has resolved against him/her.
(k) The Board may grant a provisional license for a maximum of two (2) times to persons who meet the requirements for obtaining a regular license, and those who have requested the examination and are waiting to take said examination. This provisional license shall be revoked automatically once the examination closest to the time of its issuance has been offered.
(l) The Board shall also evaluate the evidence accrediting continuing education submitted by the nutritionists and dietitians for their recertification as such, and shall establish the requirements and procedures for said recertification, which must take place every three (3) years pursuant to the provisions of §§ 3001 et seq. of Title 24.
All the regulatory, investigative and adjudicatory procedures that come before the Board, as well as the judicial review of the final decisions issued by it, shall be governed pursuant to what is established by §§ 2101 et seq. of Title 3, known as Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico.
History —May 31, 1972, No. 82, p. 190, § 4; July 23, 1974, No. 124, Part 1, p. 556, § 5; Aug. 31, 1990, No. 80, p. 473, § 3.